Open it, regulate traffic: Supreme Court to Haryana on Shambhu border blockade

The Haryana government had set up barricades at the Ambala-New Delhi national highway in February when Samyukta Kisan Morcha (SKM) (Non-Political) and Kisan Mazdoor Morcha (KMM) had announced to move towards Delhi in support of various demands.

New Delhi: The Supreme Court on Friday told the Haryana government to clear the barricading at Shambhu border near Ambala, saying farmers protesting over there are also citizens of the country.

The court asked how a state government could block a highway when its duty is to regulate traffic.

The farmers’ have been camping at the border since February this year as they wanted to march to Delhi demanding a guarantee for MSP among others.

Haryana government's counsel contended before a bench of Justices Surya Kant and Ujjal Bhuyan that the state government is preparing to challenge the Punjab and Haryana High Court order passed on July 10, directing it to open the highway within seven days, in the apex court.

To this, the bench asked, "How can a state block a highway? It has a duty to regulate traffic. We are saying open it, but regulate."

The court referred to difficulties faced by people while travelling through the road.

"Why do you want to challenge the High Court's order? Farmers are also citizens of this country,” the bench further asked the counsel.

The bench told the state’s counsel to give food and good medical care to them.

“They will come, raise slogans and go back. I think you don't commute by road,” the bench told the counsel, who said that he travelled by road.

The bench asked the state government to file an affidavit on the subsequent developments in the pending matter.

The matter before the court related to a plea filed by the Haryana government challenging March 7 order of the Punjab and Haryana High Courts to set up a committee headed by a former high court judge to probe farmer Shubhkaran Singh's death during a clash between the protesting farmers and Haryana security personnel in February.

In February, the Haryana government had set up barricades on the Ambala-New Delhi National highway after the Samyukta Kisan Morcha (non-political) and the Kisan Mazdoor Morcha announced that farmers would march to Delhi in support of various demands, including a legal guarantee of minimum support price (MSP) for crops.

The court had in April declined to stay the order passed by the high court.

On July 10, the high court directed the Haryana government to clear within a week the barricading at the Shambhu border, saying that if any law-and-order issue were to arise then the state can take preventive action in accordance with law.